Thursday, June 9, 2011

Software Patents Are Dysfunctional


The referenced article is so sad, and demonstrates the complete inability of the US patent system to deal with software. Patenting "Slide to Unlock" is as stupid as the famous "One-Click" patent owned by Amazon. The latter always reminds me of "This is Spinal Tap", when the guitar player is explaining why an amp with knobs going up to 11 is inherently louder than one with knobs that go up to ten: "It's like what you do with two clicks, but it just takes one click - see? Completely different."

I'll admit that I certainly made some money as an expert witness in the Apple vs. Microsoft "look and feel" lawsuit about graphical user interfaces in the 1990s, but it was still stupid. Apple had to lose (which I told their lawyers) since everybody "liberated" all of those concepts from Xerox, but they didn't care. (There were other aspects to the case, but a key was whether Apple could really patent fundamental notions of how graphical applications could interact on a computer display, such as displaying overlapping windows, moving a window over another while something was happening in both, and so on - all at least done at Xerox PARC in the 1970s.) There's a great quote on this subject from Bill Gates, who said something along the lines of the following to Steve Jobs: "Hey, Steve, just because you broke into Xerox's house before I did and took the TV doesn't mean I can't go in later and take the stereo." Sometimes you've gotta love that guy - and I really enjoy his current "Andrew Carnegie" approach to reinventing himself as a nice guy through philanthropy. Hey, maybe I can patent that behavior pattern? (He is doing good, but let's not forget Stacker, DRDOS, and many more.)

And then there's the patent on using an exclusive or (XOR) operation to superimpose and display graphical objects on a screen. Duh! It's not like there are many other fast ways to do that, and it's a fundamental mathematical concept. I think this patent has since been struck down, but not before hundreds of thousands of dollars in licensing fees were paid to some bogon. What's next? "Please, sir, I'd like to use addition in my program." "That will cost you $20000. Next!"

Well, that struck a nerve! I'll be quiet now...

Monday, March 28, 2011

The Fragile (Freaking Agile) Manifesto

We are uncovering easier ways of developing software by doing it and continually resetting everyone's expectations. Through this "work" we have come to value:
  • Playful mechanisms for iterative design over anticipating hard problems and learning how to schedule and plan
  • Working software today (for some value of working) over maintainable and full-featured software tomorrow
  • Redefining minimum requirements for acceptance over identifying and responding to feature creep
  • Constant renogotiation of goals over satisfying existing ones
That is, while there is value in the items on both sides of each equation, we value the ones on the left more because they are easier to achieve through their combination of flexibility and their inherent lack of definition.

Those who do not learn from history can appear to do so by redefining it.